Yusuf v City of New York, 2011 NY Slip Op 06640 [87 AD3d 939]

September 29, 2011

Appellate Division, First Department

— [*1]

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for appellants.

Pollack Pollack Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for respondent.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 3, 2010, which, insofar as appealed from, in this class action seeking, inter alia, damages for poundage overcharges in connection with scofflaw towing, granted plaintiff’s motion for partial summary judgment on liability for excess poundage charges, unanimously affirmed, without costs.

The motion court correctly applied our prior holding (309 AD2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR 8012 (b) (1). Concur—Tom, J.P., Catterson, Renwick, Freedman and Manzanet-Daniels, JJ..